Maryland Administrative Code

.12 Change of Mailing Address, Legal Name, or Email Address. A. A licensed dietitian-nutritionist shall give the Board written notice within 30 days of a change of: (1) Mailing address; (2) Legal name; or (3) Email address if the licensee has previously submitted an email address…

.01 General. The Board shall provide a copy of this chapter: A. Along with any application form or renewal form; and B. To any other person upon request.

.02 Fee Schedule. The following fees are established by the Board for items and services provided under this subtitle: A. Application fee ... $75; B. License fee ... $225; C. License renewal fee due on or before October 31 of the renewal year ... $250; D. Duplicate license fee ..…

.03 Change of Fees. Fees are subject to change by action of the Board of Dietetic Practice. Licensees and applicants shall be notified of the change.

.04 Refunds. Fees are nonrefundable.

.05 Assessment for Health Care Professionals. The Health Care Access and Cost Commission (HCACC) assesses a fee for health care professionals which the applicant shall pay at the time of license renewal as specified in COMAR 10.25.02.

.01 Scope. These regulations govern any licensed dietitian (LD) or licensed nutritionist (LN) in the State.

.02 Public Protection. Each licensee accepts the obligation to protect the public by: A. Upholding the Code of Ethical Practices, as set forth in this chapter; and B. Reporting alleged violations of this chapter to the Board. Cross References 10.56.03.05

.03 Code of Ethics. A. The primary concern of the licensee shall be the welfare of clients or patients. B. The licensee shall function with discretion and integrity in relationships with other licensees of the Board and other health professionals. C. The licensee shall practice d…

.04 Sexual Misconduct. A. A licensed dietitian or licensed nutritionist may not engage in sexual misconduct in the practice of dietetics. B. Sexual misconduct includes, but is not limited to: (1) Sexual behavior with a client or patient in the context of a professional evaluation…

.05 Penalties. Violation of Regulations .02—.04 of this chapter may result in the Board taking action to reprimand a licensee, place the licensee on probation, or suspend or revoke the licensee's license.

.01 Scope. These regulations apply to all formal hearings before the State Board of Dietetic Practice.

.02 Notice of Hearing. A. Written notice of a hearing shall be sent by the Board to all interested parties at least 30 days before the hearing. The notice shall state the: (1) Date, time, and place of the hearing; (2) Issues or charges involved in the proceeding, provided, howeve…

.03 Representation of Parties. Each party appearing at formal hearings shall have the right to appear in proper person or by or with counsel.

.04 Prehearing Procedures. A. Discovery. (1) Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following: (a) A li…

.05 Conduct of the Hearing. A. Board Majority. Each hearing shall be held before not less than a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, §10-207, Annotated Code of Maryland. A delegation of authority shall be subject to …

.06 Records and Transcript. A. The Board shall prepare an official record, which shall include all pleadings, testimonies, exhibits, and other memoranda or material filed in the proceeding. B. A stenographic record of the proceedings shall be made at the expense of the Board. Thi…

.07 Decision and Order. A. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. B. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to…

.08 Rehearings. A. A party aggrieved by the decision and order rendered may apply for rehearing within 10 days after service on him of the decision and order. B. An order of the Board may not be stayed pending review. C. The Board may consider facts not presented in the original …

.09 Appeals. A person whose license has been revoked or suspended by the Board, or any person placed on probation or reprimand under the regulations in this chapter, may appeal the Board's decision as provided by law.

.01 Scope. A. These regulations establish continuing education requirements for licensed dietitians and licensed nutritionists in the State of Maryland. B. The objectives of these regulations are the: (1) Maintenance of professional competency; and (2) Improvement of professional…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Continuing education” means additional professional education by means of academic course work, seminars, lectures, journal clubs, skills development, professional reading…

.03 Conditions of Licensure Renewal; Continuing Education Units Required. The Board shall renew a license for an additional 2-year period if the licensee: A. Otherwise is entitled to be licensed as set forth in COMAR 10.56.02; B. Pays to the Board the renewal fee as set forth in …

.04 Qualifying Continuing Education. A. The licensee shall complete continuing education units relating to the practice of dietetics that foster improvement, advancement, and extension of the licensee's professional skill and knowledge relating to the practice of dietetics. B. Co…

.05 Obtaining Board Approval for Continuing Education Activities. A. To obtain approval by the Board of programs and activities qualifying for continuing education units, the program's sponsor or the licensee shall complete and submit the appropriate form, along with any required…

.06 Waiver of Documentation of Continuing Education Units. If the Board determines that an applicant for licensure could not reasonably have anticipated the need for documentation of continuing education units at the time the work was completed, the Board may, in its discretion, …

.07 Inactive Status. A. The Board shall place an active licensee on inactive status if the licensee: (1) Submits to the Board an application for inactive status on the form required by the Board; and (2) Pays to the Board the inactive status fee set by the Board under COMAR 10.56…

.08 Reinstatement. A. Within 1 Year of Failed Renewal. (1) Within 1 calendar year after the renewal date, the Board shall reinstate the license of a dietitian or nutritionist whose license was not renewed due to failure to complete continuing education requirements, if the dietit…

.01 Scope. A. This chapter permits the Board of Dietetic Practice to disclose investigative information to other agencies, or other entities, or both, under certain circumstances. B. A custodian may disclosure information in a certification, licensing, or investigative file if th…

.02 Disclosure for Compelling Public Purpose. A custodian may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, whether or not there has been a request for the information, under the following circumstan…

.03 Other Disclosures. This chapter does not prevent or limit the ability of the Board to disclose general licensing information as provided in General Provisions Article, §4-333, Annotated Code of Maryland, or any information which the Board may otherwise disclose by law.

.01 Scope. This chapter governs advertising by licensed dietitians and licensed nutritionists in Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Advertising” means using any medium to call to the attention of the public the services one has to offer. (2) “Board” means the State Board of Dietetic Practice. (3) “Diet…

.03 Advertising. A. A dietitian or nutritionist may advertise dietetic services under the provisions of this chapter. B. An advertisement shall include the following: (1) Name of licensee; (2) Address or telephone number of practicing location; and (3) Type of license. C. An adve…

.04 Solicitation. A. A dietitian or nutritionist may not engage in solicitation, including but not limited to, in-person, telephone, electronic media, or direct mail solicitation which: (1) Is fraudulent, overreaching, intimidating, or exerts undue influence; or (2) Contains stat…

.05 Penalties for Violation. A violation of this chapter pertaining to the use of advertising shall constitute unprofessional conduct and may result in disciplinary action against the dietitian or nutritionist under Health Occupations Article, §5-311, Annotated Code of Maryland.

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Board of Dietetic Practice. (2) “Delinquent” means the failure by a licensee to pay all undisputed taxes and unemployment insurance contributions, as dete…

.02 Outstanding Taxes or Unemployment Insurance Contributions. A. When a renewal applicant has been identified as delinquent by the Office of the Comptroller or the Maryland Department of Labor, the Board shall issue a written notice to the renewal applicant stating that: (1) The…

.01 Scope. This chapter establishes the standards by which the Board may impose a disciplinary sanction, civil fine, or administrative monetary penalty, not to exceed: A. $5,000, on an individual licensed under Health Occupations Article, Title 5, Annotated Code of Maryland, for …

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the State Board of Dietetic Practice. (2) “Civil fine” means a monetary fine imposed by the Board in accordance with Health Occupations Article, §5-403, Annot…

.03 Imposition of a Penalty. A. After a hearing under Health Occupations Article, §5-312, Annotated Code of Maryland, and COMAR 10.56.04, and subject to the guidelines set forth in Regulation .05 of this chapter, the Board may discipline a licensee or impose an administrative mon…

.04 Mitigating and Aggravating Factors to be Considered in the Assessment of a Sanction or Penalty. Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following aggravating and mitigating factors in determining whe…

.05 Guidelines for Disciplinary Sanctions. A. Subject to the provisions of this section, the Board may impose the following sanctions and penalties for violations of the Maryland Licensed Dietitian-Nutritionists Act and its regulations according to the minimum and maximum sanctio…

.06 Payment of Penalties. A. A licensee or unlicensed individual shall pay to the Board a penalty or civil fine imposed under this chapter by the date the Board’s order is issued, unless the Board’s order specifies otherwise. B. Filing an appeal under State Government Article, §1…

.07 Civil Fines. A. The Board may impose a civil fine of no less than $1,000 and no more than $50,000 against an individual who: (1) Practices dietetics without a license in violation of Health Occupations Article, §5-401, Annotated Code of Maryland; or (2) Misrepresents or impli…

.01 Scope. A. This chapter governs the practice of dietetics using telehealth as an adjunct to, or replacement for, in-person patient visits. B. Nothing in this chapter restricts or limits reimbursement requirements pursuant to the Health-General Article and Insurance Article, An…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Asynchronous” means not occurring in real time. (2) “Board” means the Maryland Board of Dietetic Practice. (3) “In-person” means within the physical presence of the patien…